Legal Question in Wills and Trusts in Indiana

who is next of kind after death in indiana

my brother died recently and has a daughter who si back after nine years , before he died he considered non exist and stated he never wanted her to have anything of his , but we gave her $13,000 in cash, three vechiles and his bank account, do we have to let her have his large 401k, or do we have a right to it ? he never left a will oe benefiary for this, how ever my son is getting his life insurance, also he has stock with my son name on it does that automaticaly come to my son? Please advise we feel we have given her enough as she just came back into life three days before he died. and never knew she was there?

will be awaiting your answer.


Asked on 1/08/01, 2:24 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: who is next of kind after death in indiana

The Indiana Probate Code makes a child of a single person his sole beneficiary if he failed to leave a will. Any property which the decedent in your case owned jointly with someone else goes to the survivor, not the chil, and any property for which he had a right to name a beneficiary and did so goes to the beneficiary not the child. However, all of the assets owned in his name alone and for which he failed to name a beneficiary go to the child.

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Answered on 1/12/01, 8:25 pm


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